The Future of Probate Practice and Procedure in Nigeria
Probate is the proving of a Will to the satisfaction of the court; it is a judicial procedure by which a testamentary document is established to be a valid will.[2]
Probate is a term commonly used when the subject matter is an application for the right to deal with the affairs of someone who has died. However, different terms are used, depending on whether the deceased person left a will or not.
If the deceased had a Will, the executor or administrator will apply for a grant of probate. The grant is a legal document which confirms that the executor has the authority to deal with the deceased person’s assets (shares, property, whether real or personal and money as well). This is called ‘administering the estate’. The executor uses the grant to show they have the right to access funds, sort out finances, realize and distribute the deceased person’s assets as set out in the Will.
However, if the deceased died intestate, a close relative of the deceased, in the order of priority,[3] can apply to the probate registry to deal with the estate. Under these circumstances, an application for letters of administration will be made to the probate registry. Like the grant of probate, the letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.
Probate practice deals with the procedure of administration of the estate of the deceased after death. It also refers to the procedure for grant of probate and letters of administration in both contentious and non-contentious cases.Access the article here.